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Featured Intellectual Property articles by expert witnesses and consultants. Contact Us if you are interested in having your work published on our website and linked to your Profile(s).

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10/18/2012· Intellectual Property

Statutory Damages in Trademark Cases - Trends and Improvement

By: Antonio R. Sarabia II

Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.

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8/7/2009· Market Research

Survey Research to Support Litigation

By: Dr. Larry Chiagouris

Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.

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12/9/2015· Intellectual Property

Apportioning Copyright Damages: The Case of 'Blurred Lines'

By: Doug Bania

Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.

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11/19/2013· Intellectual Property

On the Quasi-plagiarism of Sen. Rand Paul

By: Dr. Alan Perlman

All of a sudden, it seems, the search term Plagiarism Rand Paul gets over 40 MILLION Google hits. But the charge is somewhat bogus.

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1/9/2013· Intellectual Property

Marked Recovery

By: Antonio R. Sarabia II

EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.

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8/21/2017· Intellectual Property

Viral Videos Challenging the Enforcement of Copyrights

By: Scott D. Hampton

In an effort to move United States copyright law into the digital age, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998. The DMCA is the beginning of an ongoing effort to modernize the nation's copyright law.1 In an ever-changing digital world, copyright law must continue to evolve with technology.

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4/11/2012· Intellectual Property

Intellectual Property: Getting More Money From Licenses

By: David Nolte

Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

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11/1/2012· Intellectual Property

Naked Licensing: Not as Rare as One May Think

By: Antonio R. Sarabia II

In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.

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12/27/2017· Intellectual Property

Tide turns in US and EU agencies' policies on SEP licensing

By: Keith Mallinson

The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."

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12/20/2011· Intellectual Property

Role of Subject Matter Experts for Patenting Inventions

By: Prolifogy Software and Consulting

Licensing and infringement litigation are two primary potential income sources from a patent. With licensing, the inventor permits the licensee to make, use, sell, or offer to sell a patented invention for compensation.

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